Woman accused of theft denied bail
The accused, who is unemployed, denied committing two thefts while on bail for a separate offence
A woman from Valletta who was arrested on suspicion of drug possession, which was later disproven, ended up being charged with aggravated theft, instead.
Cherise Mifsud, 27, from Valletta, who told the court that she was unemployed, was arraigned under arrest before magistrate Charmaine Galea on Monday, accused of committing two thefts while on bail for a separate offence.
Lawyer Francesca Zarb, defence counsel to Mifsud, asked the prosecution to explain what had led to her client being arrested.
Police Inspector Roderick Attard told the court that officers had been dispatched to handle a report about an argument at a residence on Saturday. While talking to the people inside the house, one officer noticed that Mifsud was acting strangely. The woman’s behaviour led him to suspect that she could be hiding drugs on her person.
Mifsud had immediately been arrested on suspicion of drug possession, with the duty magistrate appointing a medico-legal expert to examine her and report the findings. But neither the doctors at Mater Dei Hospital who had examined the defendant, nor a CT scan carried out on her there had detected any drugs.
While she was still in hospital, however, Mifsud was arrested again: this time on suspicion of having committed two thefts - of cash from a house in Gzira on September 5 and of designer shoes from a boutique hotel on September 9. The charges were deemed aggravated by time and value of the items stolen.
“She had been arrested without a warrant due to the risk of her destroying evidence,” explained the inspector.
Zarb contested the validity of the arrest, arguing that the inspector’s testimony had not provided the court with all the details required by law, but was overruled.
Mifsud pleaded not guilty to the charges and her lawyer requested bail.
The prosecution objected to that request, arguing that eyewitnesses had not yet testified and that Mifsud was an unemployed drug addict who would likely have to resort to criminality to sustain her habit. The defendant was also now aware of the victims’ identities, added prosecutor Julian Scicluna.
Zarb counter-argued that the police had said that they were gathering CCTV footage of the incidents, which meant that the most important evidence was preserved.
“She is being arraigned on September 16 on charges which refer to September 5 and 9,” pointed out the lawyer, adding that the prosecution had provided no evidence to support their assertions about drug addiction. “But if she does need assistance, the legislator has provided the court with the option to impose a temporary supervision order.”
Bail was denied at this stage, the court explaining that it was not sufficiently assured that Mifsud would not commit further offences, as well as in view of her recently having been granted bail in other proceedings.
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